Magudumana's victims must get justice, the State argues – no matter what happened in Tanzania

Dr Nandipha Magudumana wants the Free State High Court in Bloemfontein to effectively stay her prosecution for allegedly assisting her rapist killer lover Thabo Bester to escape from prison because of what she claims was her unconstitutional capture in Tanzania.

But advocate Neil Snellenburg SC, who was arguing on behalf of the police and National Prosecuting Authority (NPA) on Thursday, questioned whether, even if Magudumana's return to South Africa was unlawfully secured, it would be just and equitable for her to never face the serious charges against her.

"[Magudumana] does not challenge the NPA's decision to prosecute her. So, the mere fact that an individual has been arrested unlawfully, does that mean that the prosecution is now likewise unlawful?" he asked Free State High Court Judge Philip Loubser.